Can I Expunge My Criminal Record in Michigan?Mar 19, 2020, by Expungement in
Whether you can expunge your criminal record in Michigan depends on the type and number of offenses and how much time has passed since they were committed. But the application process for getting an expungement or having a criminal record sealed can be complicated and not everyone qualifies.
That’s why you should let the criminal defense lawyers at Davis Law Group handle the process. Expungement of a criminal record can help put the past behind you and remove a possible roadblock to employment, housing, professional licensing, military service, education opportunities and student loans. With the help of our experienced criminal record expungement attorneys, you may be able to get your record erased, including your conviction.
Contact Davis Law Group today at (313) 818-3238 for a free consultation on criminal record expungement.
Who Qualifies for Expungement?
With a few exceptions, if you have one felony or two misdemeanor offenses you can apply for expungement if five years have passed since completing a sentence or court-ordered monitoring.
You will qualify for expungement if the following apply:
- Felony expungement — if you have been convicted of only one felony and no more than two misdemeanor offenses and it has been five years since the date conviction, release from incarceration, or discharge from parole.
- Misdemeanor expungement — if you have been convicted of no more than two misdemeanors and no felony offenses and it has been five years since the date conviction, release from incarceration, or discharge from parole.
Felonies convictions that CANNOT be expunged include:
- Offenses for which the maximum punishment is incarceration for life
- Second degree child abuse
- Criminal sexual conduct
- Human trafficking
If you’re interested in expungement, but not sure if your offense qualifies, check with an attorney at Davis Law Group. Don’t assume anything and don’t listen to non-lawyer friends and family. Getting it wrong is punitive under Michigan law. If your expungement petition is denied because you weren’t eligible, you’ll have to wait an additional three years before filing another petition concerning the same conviction. On a matter as important as getting an expungement or having your record sealed, consult one of our experienced lawyers.
How the Process Works
Once you contact our firm, we will discuss your needs, gather information, and start the process by determining if you’re eligible for expungement as outlined above.
If eligible, we’ll get a certified copy of your conviction. By having us handle it, you’ll skip the headache of determining which clerk of court to contact or whether you need a discharge order or certification of a register of actions.
When we have the appropriate paperwork on the conviction, we’ll fill out the proper application from the information you have supplied to us. Then we will arrange for you to have your fingerprints taken by a local law enforcement agency as a fingerprint card will be sent to the Michigan State Police with the application.
We’ll ask you to sign the application and we will notarize it, saving you from having to search down a notary. Then we’ll make copies of everything to send to various officials and for our files.
Your application will be filed with the court in which you were convicted. If a hearing date is set either at the time of filing or received later, we will notify you of that date.
After Davis Law Group has filed your application with the court, we will “serve” a copy of the application on the Michigan State Police, along with the fingerprint card, a check for fees and the certified conviction record. We will also mail the application and conviction records to the Michigan Attorney General and the prosecutor of the court where you were convicted.
While waiting for your hearing date, we’ll ask you to gather letters of support, your employment history, any drug or alcohol treatment, educational achievements, or evidence of community service. You may be asked to speak about why you are seeking expungement and we will work with you on a statement to the court.
Beginning April 2023, Michiganders can qualify for automatic expungements. They won’t need to file paperwork for eligible convictions, which mirror the eligible felonies and misdemeanors listed above.
Up to two felony convictions will be automatically expunged 10 years after either the sentencing or the defendant’s release from custody, whichever is later.
Up to four misdemeanor convictions will be automatically expunged seven years after sentencing.
Need an Expungement?
Long past the time you paid for your legal mistake, it can keep negatively impacting your life. Because of your criminal record, you may miss out on employment opportunities, the chance to live where you want, pursue your profession, or join the military. You could permanently put it behind you if you qualify for expungement. Contact one of our experienced Michigan criminal defense attorneys at Davis Law Group for a free, initial consultation at (313) 818-3238 today.